HomeMy WebLinkAbout2023-03-13-minutes-public-works-study-sessionKITTITAS COUNTY COMMISSIONERS
Public Works Study Session
Regular Meeting
Monday March 13, 2023 -1:30 PM
Commissioners' Auditorium
205 West 6th Room 109 - Ellensburg
1. Call to Order
2. Citizen Comments (1 min. time limit)
I Mid -Columbia Fisheries Memorandum of Agreement Discussion
4. Trout Unlimited Memorandum of Agreement Discussion
5. Naneum Road Right of Way
6. Berry Road Right of Way
7. Executive Session
RCW 42.30.110 (b) To consider the selection of a site or the acquisition of real estate by
lease or purchase when public knowledge regarding such consideration would cause a
likelihood of increased price.
8. Other business
9. Concluded
Created on 311012023 8:20:56 AM
KITTITAS COUNTY
PUBLIC WORKS STUDY SESSION MINUTES
COMMISSIONERS' AUDITORIUM, 205 WEST STH ROOM 109
Regular Meeting
MONDAY 1:30 PM March 13, 2023
Board members present: una.irman Cory Wright, Vice -Chairman Brett
Wachsmith, and Commissioner Laura Osiadacz.
Others: Josh Fredrickson, Arden Thomas, Rebecca Cruse, Public Works;
Dan Carlson, Jeremy Larson, Jessica Miller, Toni Berkshire, Steph
Mifflin, Zach Torrance -Smith, Community Development Services; Neil
Caulkins, Prosecuting Attorney's Office; No members of the public.
At 2:01 pm Chairman Cory Wright opened the Public Works Study
Session.
No Citizen Comments.
MID -COLUMBIA FISHERIES MEMORANDUM OF AGREEMENT DISCUSSION
Arden Thomas requested the Board of County Commissioners to formalize
the partnership with Mid -Columbia Fisheries. Arden Thomas explained
that the organization is uniquely qualified and contributes resources
to implementing the Yakima River Corridor Plan. Staff was directed to
prepare enabling documents.
TROUT UNLIMITED MEMORANDUM OF AGREEMENT DISCUSSION
Arden Thomas gave background on collaboration with Trout Unlimited
working toward the Retirement of Tjossem Ditch, a diversion off the
Yakima River that serves water right holders. Trout Unlimited needs
limited funding to finalize securing water rights for those property
owners and implement the plan. Arden Thomas requested the Board of
County Commissioners approval to utilize 2023 budgeted funds from the
Flood Control Fund and Water Resources funds due to the associated
benefit. Staff was directed to prepare enabling documents.
NANEUM ROAD RIGHT OF WAY
Josh Fredrickson briefed the Board of County Commissioners on the
installation of a private gate recently erected across Naneum Road
right of way. Josh Fredrickson stated that the gate impedes usage of
the end -of -road turnaround thus causing unsafe conditions for trucks
and snowplows that currently must back down the road to a safe
location_. Josh Fredrickson added that survey data has indicated that
it is a designated County Road right of way. Discussion was held on
the location of the gate and fiscal impacts of removal. Neil Caulkins
2023-3-13 MINUTES
applied his legal knowledge to the situation. The Board directed
staff to reach out to the property owner that installed the gate.
BERRY ROAD RIGHT OF WAY
Josh Fredrickson briefed the Board of County Commissioners of
problems associated with the intersection of Tjossem and Berry Roads.
Josh Fredrickson stated that a larger turning radius is needed to
mitigate frequent damages to the guardrail. Public Works requested to
realign Berry Road to the East and seeks direction to acquire
property for the right of way as part of the 6 -year capital plan.
Direction to staff to prepare enabling documents for approval.
At 2:25 pm the Board of County Commissioners announced they would
recess in Executive Session for 10 minutes with Arden Thomas per RCW
42.30.110 (b) To consider the selection of a site or the acquisition
of real estate by lease or purchase when public knowledge regarding
such consideration would cause a likelihood of increased price.
Action anticipated.
At 2:35 pm Chairman Cory Wright requested an additional 2 minutes for
discussion. At 2:37 pm the Board of County Commissioners reconvened
out of Executive Session and moved to approve the Chair's signature
on purchase and sale agreement of water rights.
Meeting concluded at 2:39 pm
KITTITAS COUNTY COMMISSIONERS
KITTITAS COUNTY, WASHINGTON
46-fifij&
Au OLNUU-.1-
Rebecca Cruse, Administrative Cory Wright, Chairman
Assistant
2023-3-13 MINUTES
KITTITAS COUNTY
DEPARTMENT OF PUBLIC WORKS
PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS
STUDY SESSION STAFF REPORT
STUDY SESSION DATE: March 13, 2023
TOPIC: Mid -Columbia Fisheries Memorandum of
Agreement
ACTION REQUESTED: Direction to Staff
LEAD STAFF:
Arden Thomas
RECOMMENDATION:
Direct Staff to Prepare Enabling Documentation
BRIEFING SUMMARY:
• Kittitas County and Mid -Columbia Fisheries have each obtained grant funding to
implement the Yakima River Corridor Plan.
• Projects implemented by Kittitas County and Mid -Columbia Fisheries are highly
interrelated.
• Given the extensive work by Mid -Columbia Fisheries within this focal restoration
area and resources this organization has secured, this non-profit organization is
uniquely qualified to implement certain restoration actions on behalf of Kittitas
County.
o Public Works wishes to formalize our relationship with Mid -Columbia Fisheries
to document our respective roles, project contributions, and specify funding for
cooperative implementation actions for the Yakima River Corridor Plan.
BACKGROUND:
In 2015 Kittitas County adopted the Yakima River Corridor Plan for habitat enhancement
and flood risk management of the Yakima River, from the Jeffries Levee to the Yakima
River Canyon. To implement this plan, Kittitas County has purchased floodplain
properties to advance integrated floodplain management. Mid -Columbia Fisheries has
been working with the Bureau of Land Management and Kittitas County on restoration
implementation and site stewardship within this reach.
DISCUSSION:
Given the extensive work by Mid -Columbia Fisheries within this focal restoration area
and resources this organization has secured, this non-profit organization is uniquely
qualified to implement certain restoration actions. To date we have been working
informally for mutual benefit. We wish to formalize this relationship and fund a portion
of Mid -Columbia Fisheries restoration work.
Page 1 of 3
PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT
FISCAL IMPACTS:
All funding subject to the proposed Memorandum of Agreement is from competitive
grant sources for restoration purposes.
ATTACHMENTS:
Exhibit 1: Draft Memorandum of Agreement
Page 2 of 3
PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT
EXHIBIT 1: Draft Memorandum of Agreement
Page 3 of 3
PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT
MEMORANDUM OF AGREEMENT
BETWEEN
MID -COLUMBIA FISHERIES ENHANCEMENT GROUP
AND
KITTITAS COUNTY PUBLIC WORKS DEPARTMENT
SUPPORTING LAND USE RESTORATION ACTIVITIES
THIS MEMORANDUM OF AGREEMENT ("MOA") is made and entered into by and between
Mid -Columbia Regional Fisheries Enhancement Group, hereinafter referred to as "MID -
COLUMBIA FISHERIES" or MCF," and Kittitas County, hereinafter referred to as the "COUNTY,"
and collectively referred to as the "PARTIES."
WHEREAS, on December 1, 2015, the Kittitas County adopted the Yakima River Corridor Plan for
habitat enhancement and flood risk management of the Yakima River, from the Jeffries Levee to the
Yakima River Canyon; and
WHEREAS, Kittitas County has been implementing the Yakima River Corridor Plan by acquiring
flood prone property, conducting additional technical studies, advancing restoration project design,
and restoring floodplain riparian habitat on County owned property; and
WHEREAS, Mid -Columbia Fisheries, a non-profit organization dedicated to protecting and
restoring wild salmonid populations and their habitats through restoration, protection, education, and
community involvement has been implementing the Yakima River Corridor Plan by restoring and
maintaining floodplain habitat on public and private lands; and
WHEREAS, Mid -Columbia Fisheries and Kittitas County have each secured funding from
competitive funding sources to implement the Yakima River Corridor Plan; and
WHEREAS, Mid -Columbia Fisheries is uniquely qualified to implement certain restoration actions
in partnership with Kittitas County, given their current role implementing the Yakima River Corridor
Plan and resources secured by MCF through funding agreements; and
WHEREAS, Kittitas County and Mid -Columbia Fisheries desire to establish a Memorandum of
Agreement to define MCF's and the County's respective roles, project contributions, and specifying
funding for cooperative implementation actions for the Yakima River Corridor Plan for habitat
enhancement and flood risk management of the Yakima River, from the Jeffries Levee to the Yakima
River Canyon.
NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth
herein, it is agreed by and between MCF and the County as follows:
I. SCOPE
MCF and the County will work together in a cooperative fashion to design, implement, install, and
maintain the following floodplain revegetation projects, as further described in Appendix A:
A. Cottonwood Pilot Project
B. Floodplain Revegetation Implementation
C. Floodplain Revegetation Stewardship
D. Project Coordination and Grant Writing in Support of the Cottonwood Pilot Project,
Floodplain Revegetation, and Floodplain Revegetation Stewardship
The financial commitments associated with each project are displayed in Appendix B, Financial Plan.
Project elements for which funding has not yet been secured will be formally added to the scope of
work through a written notice upon securing funding.
Additional projects and changes to roles and responsibilities for existing projects can be incorporated
into this agreement as allowed in Section IX.
II. PERIOD OF PERFORMANCE
This Agreement will go into effect on April 1, 2023, and shall be in place until December 31, 2026,
unless terminated sooner as provided herein. Work described in this Agreement that occurred between
December 22, 2022, and the effective date of this Agreement, as supported by MCF grant funds, will
be included under this Agreement.
III. ROLES AND RESPONSIBILITIES
A. MCF will:
1. Provide financial support for approved work via secured grants, as described in Appendix
B.
2. Complete site preparation for a cottonwood forest seedbed pilot project on 17 -acres (see
Map, Site No. 6).
a. Complete weed management including mowing, disking, and herbicide
application to maintain the site weed -free during the 2023 and 2024 growing
seasons.
3. Complete stewardship of riparian restoration projects installed on County lands in the
Yakima River lower Kittitas valley corridor (Yakima Corridor).
a. Sites will include the Spring Creek reforestation site (See map, Site No. 8) and
the Ringer East reforestation site (See map, Site No. 1).
b. Complete weed management as required around plantings.
c. Complete irrigation as required around Spring Creek plantings.
d. Complete treatment, removal, and disposal of colonizing sapling crack willow
from Ringer East in 2023 and 2025.
4. Coordinate with federal, state, and local landowners to effectively integrate stewardship,
land use and future restoration activities on the Yakima Corridor, as directed at quarterly
coordination meetings.
5. Seek funding for planning, design, permitting, implementation, and stewardship of
unfunded projects described in this Scope of Work, or Yakima Corridor projects as
mutually agreed upon by the County and MCFEG.
6. Develop and maintain a task timeline and cost estimate for approved restoration
activities.
7. Provide an annual report to the County of progress on restoration tasks.
8. Complete reporting requirements for funding secured by the County or BLM.
B. The County will:
1. Provide financial support for approved work via secured grants, as described in Appendix
B.
2. Provide access to Kittitas County properties approved for riparian forest restoration or
stewardship activities, for MCF employees or their agents, representatives or assignees.
3. Provide technical expertise for the development and implementation of approved
restoration projects, or Yakima Corridor projects as mutually agreed upon by Kittitas
County and MCFEG.
4. Seek funding for planning, design, permitting, implementation and stewardship of
unfunded projects described in this Scope of Work, or Yakima Corridor projects as
mutually agreed upon by Kittitas County and MCFEG.
5. Complete reporting requirements for funding secured by MCF or BLM.
IV. PROVISOS
A. Nothing in this MOA is intended to create any rights in any party not a party to this MOA nor
third -party beneficiaries.
B. Nothing in this MOA creates a resource obligation outside that stated within the agreement.
C. This is not an exclusive agreement, and both parties reserve the right to compensate additional
professional service providers.
D. Indemnification/Hold Harmless. Kittitas County and MCF agree to hold each other and theirs
officers, officials, employees and volunteers harmless from any and all claims, injuries,
damages, losses or suits including attorney fees arising out of or resulting from the acts,
errors or omissions of the parties in the reasonable performance of their duties under this
Agreement, except for those injuries and damages that are caused or are attributable to the
negligence of the agency. Should a court of competent jurisdiction determine that this
Agreement is subject to RCW 4.24.115, then in the event of liability for damages arising out
of bodily injury to persons or damages to property caused by or resulting from the concurrent
negligence of Kittitas County and MCF and their officers, officials, employees and
volunteers, the parties liability, including the duty and cost to defend shall be only to the
extent of the responsible parties negligence. The provisions of this section shall survive the
expiration or termination of this Agreement.
E. Attorney's Fees. If any legal action or proceeding is commenced relating to this Agreement,
the prevailing party is entitled to recover its reasonable attorneys' fees and costs.
F. By signing this agreement, both parties certify that neither they nor their officials are not
debarred, suspended, declared ineligible, or voluntarily excluded from participation in this
transaction by any federal agency or department.
V. RECORDS MAINTENANCE
The parties to this contract shall each maintain books, records, documents and other evidence
which sufficiently and properly reflect all direct and indirect costs expended by either party in the
performance of the services described herein. These records shall be subject to inspection, review
or audit by personnel of both parties, other personnel duly authorized by either party, the Office of
the State Auditor, and federal officials so authorized by law. All books, records, documents, and
other material relevant to this Agreement will be retained for six years after expiration and the
Office of the State Auditor, federal auditors, and any persons duly authorized by the parties shall
have full access and the right to examine any of these materials during this period.
Records and other documents, in any medium, furnished by one party to this agreement to the other
parry, will remain the property of the furnishing party, unless otherwise agreed. The receiving
party will not disclose or make available this material to any third parties without first giving notice
to the furnishing party and giving it a reasonable opportunity to respond. Each party will utilize
reasonable security procedures and protections to assure that records and documents provided by
the other party are not erroneously disclosed to third parties.
VIII: INDEPENDENT CAPACITY
The employees or agents of each party who are engaged in the performance of this Agreement shall
continue to be employees or agents of that party and shall not be considered for any purpose to be
employees or agents of the other party.
IX: AGREEMENT ALTERATIONS AND AMENDMENTS
This agreement may be amended by mutual agreement of the parties. Such amendments shall not
be binding unless they are in writing and signed by personnel authorized to bind each of the parties.
X: TERMINATION
Either party may terminate this Agreement upon 30 days prior written notification to the other
party. If this Agreement is so terminated, the parties shall be liable only for performance rendered
or costs incurred in accordance with the terms of this Agreement prior to the effective date of
termination.
XI: GOVERNANCE
This contract is entered into pursuant to and under the authority granted by the laws of the State of
Washington and any applicable federal laws. The provisions of this agreement shall be construed
to conform to those laws.
In the event of any inconsistency in the terms of this Agreement, or between its terms and any
applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following
order:
a.) Applicable state and federal statutes and rules;
b.) Scope of work (Attachment A); and
c.) Any other provisions of the agreement, including materials incorporated by reference.
XII: WAIVER
A failure by either party to exercise its rights under this Agreement shall not preclude that party
from subsequent exercise of such rights and shall not constitute a waiver of any other rights under
this Agreement unless stated to be such in a writing signed by an authorized representative of the
party and attached to the original Agreement.
XIII: SEVERABILITY
If any provision of this Agreement or any provision of any document incorporated by reference
shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which
can be given effect without the invalid provision, if such remainder conforms to the requirements
of applicable law and the fundamental purpose of this Agreement, and to this end the provisions
of this Agreement are declared to be severable.
XIV: ALL WRITINGS CONTAINED HEREIN
This Agreement contains all the terms and conditions agreed upon by the parties. No other
understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed
to exist or to bind any of the parties hereto.
XV: CONTRACT MANAGEMENT
The contract manager for each of the parties shall be responsible for and shall be the contact person
for all communications regarding the performance of this Agreement.
The Contract Manager for MCF is:
Margaret Neuman, Executive Director
Mid -Columbia Fisheries Enhancement Group
P.O. Box 2211
White Salmon, WA 98672
The Contract Manager for the County is:
Arden Thomas, Kittitas County Water Resources Manager
Kittitas County Public Works
411 N. Ruby Street, #1
Ellensburg, WA 98926
IN WITNESS WHEREOF, the parties have executed this Agreement.
By: Cory Wright By: Bill Mast
Title: Chairman, Board of County Commissioners Title: President, MCFEG
Date: Date:
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Appendix A
Project Map
° 0 150 340 Goo 900 1,200
NOMENNEr—
McYrs
1ST Current and Proposed Lower Kittitas Restoration
1. Ringer East (KCPW, former Papineau)
IL 2a and 2b. Ringer West (ELM riparian
reforestation)
3. Right bank berm decommissioning
AI,4. ELM lett bank riparian reforestation, at RV
k park
5, lnstream side channel habitat (wood site 2)
6, Cottonwood seabed pilot
7. Yakima River at RM 150
_ * reforestation(Aranica/Acheson)
. 8. Spring Creek reforestation
�• ', �^8 9. Sorenson Creek at Yakima side channel
reforestation
f � -
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4
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_ r
l J
KITTITAS COUNTY
DEPARTMENT OF PUBLIC WORKS
PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS
STUDY SESSION STAFF REPORT
STUDY SESSION DATE: March 13, 2023
TOPIC: Trout Unlimited Memorandum of Agreement
ACTION REQUESTED: Direction to Staff
LEAD STAFF:
Arden Thomas
RECOMMENDATION:
Direct Staff to Prepare Enabling Documentation
BRIEFING SUMMARY:
• Kittitas County has invested in multi -benefit projects within the Yakima River
floodplain.
• As part of these multi -benefit projects, Kittitas County seeks to remove at risk
infrastructure for flood control and habitat benefits.
• Tjossem ditch is at flood risk and has negative environmental impacts.
• Trout Unlimited has secured $470,000 but still requires $80,00 to permanently
close the Tjossem Ditch.
• Staff recommends providing $80,000 in funding utilizing the flood control and
water resource fluids utilizing approved 2023 fund budgets.
• This Tjossem Ditch Retirement Project compliments Kittitas County water right
purchases and flood alleviation work, in addition to habitat goals through the
Yakima Basin Integrated Plan.
BACKGROUND:
Tjossem Ditch is a water diversion located on the mainstem Yakima River that services a
number of water right holders. Trout Unlimited, a local environmental non-profit
organization has been working with remaining water right holders to provide them with
alternative water supply so that the ditch can be permanently retired. This project is part
of a multi -benefit effort to remove infrastructure susceptible to flood risk, to restore
instrearn flows, and to restore instream and riparian habitat along the Yakima River south
of Ellensburg.
DISCUSSION:
The Trout Unlimited -led Tjossem Ditch Retirement Project secures alternative water
supply sources for Tjossem water right holds, improves instream flow and habitat, and
reduces risk to infrastructure from flooding. This project directly compliments efforts by
Kittitas County to purchase Tjossem ditch water rights. Additionally, Tjossem ditch was
Page 1 of 3
PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT
previously protected by the Schaake Levee, which Kittitas County conveyed to the
Bureau of Reclamation for habitat restoration purposes. This project is part of broader
Yakima Basin Integrated Plan habitat improvement efforts. The provided funding
completes the removal of all water right users on TJossem Ditch. Once all water right
users are removed from the ditch, the flood control zone district will pursue remedial
efforts on the ditch.
FISCAL IMPACTS:
Public Works proposes to fund this activity through both the Flood Control Fund, due to
associated benefits from removing at risk flood infrastructure, and the Water Resources
Fund. A portion of water resource groundwater mitigation fees is collected for habitat
improvement actions.
ATTACHMENTS:
Exhibit 1: Draft Memorandum of Agreement
Page 2 of 3
PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT
EXHIBIT 1: Draft Memorandum of Agreement
Page 3 of 3
PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS WORK SESSION STAFF REPORT
MEMORANDUM OF AGREEMENT
BETWEEN
TROUT UNLIMITED
AND
KITTITAS COUNTY
TJOSSEM DITCH WATER RIGHTS SUPPORT
THIS MEMORANDUM OF AGREEMENT ("MOA") is made and entered into by and between
Trout Unlimited and Kittitas County.
WHEREAS, Kittitas County has purchased land and water rights previously associated with
Tjossem Ditch to advance floodplain management, water right portfolio, and back mitigation for
historic groundwater exempt water use goals; and
WHEREAS, a floodplain management, streamflow improvement and habitat enhancement goal
associated with these purchases is to extinguish all water use from the Tjossem Ditch, which diverts
from the Yakima River; and
WHEREAS, Trout Unlimited, a non-profit organization working to recover rivers to benefit native
trout and salmon, has been working with Tjossem Ditch water right holders to fulfill their water
rights from alternative sources; and
WHEREAS, Trout Unlimited has secured $470,000 in funding to enable Tjossem Ditch water right
holders to fulfill their water rights from alternative sources; and
WHEREAS, Trout Unlimited requires an additional $80,000 to complete all work needed to
complete the project; and
WHEREAS, Kittitas County desires to provide up to $80,000 in funding to ensure that the project be
completed and ensuring that 14 cubic feet per second remains instream and that flood control
measures are not taken to protect the point of diversion.
NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth
herein, it is agreed by and between Trout Unlimited and Kittitas County agree as follows:
I. SCOPE
Kittitas County will provide up to $80,000 in funding, allocated on a refundable basis, to Trout
Unlimited, to implement the Tjossem Ditch Retirement Project to completely close Tjossem Ditch.
The Tjossem Ditch Retirement Project implements the series of water right dispositions shown in
Appendix A.
111. PERIOD OF PERFORMANCE
This Agreement will go into effect on April 1, 2023, and shall be in place until December 31, 2024,
unless terminated sooner as provided herein.
III. PROVISOS
A. Nothing in this MOA is intended to create any rights in any parry not a party to this MOA nor
third -parry beneficiaries.
B. Nothing in this MOA creates a resource obligation outside that stated within the agreement.
C. This is not an exclusive agreement, and both parties reserve the right to compensate additional
professional service providers.
D. Indemnification/Hold Harmless. Kittitas County and MCF agree to hold each other and
their officers, officials, employees and volunteers harmless from any and all claims, injuries,
damages, losses or suits including attorney fees arising out of or resulting from the acts,
errors or omissions of the parties in the reasonable performance of their duties under this
Agreement, except for those injuries and damages that are caused or are attributable to the
negligence of the agency. Should a court of competent jurisdiction determine that this
Agreement is subject to RCW 4.24.115, then in the event of liability for damages arising out
of bodily injury to persons or damages to property caused by or resulting from the concurrent
negligence of Kittitas County and MCF and their officers, officials, employees and
volunteers, the parties liability, including the duty and cost to defend shall be only to the
extent of the responsible parties negligence. The provisions of this section shall survive the
expiration or termination of this Agreement.
E. Attorney's Fees. If any legal action or proceeding is commenced relating to this Agreement,
the prevailing party is entitled to recover its reasonable attorneys' fees and costs.
F. By signing this agreement, both parties certify that neither they nor their officials are not
debarred, suspended, declared ineligible, or voluntarily excluded from participation in this
transaction by any federal agency or department.
IV. RECORDS MAINTENANCE
The parties to this contract shall each maintain books, records, documents, and other evidence which
sufficiently and properly reflect all direct and indirect costs expended by either party in the
performance of the services described herein. These records shall be subject to inspection, review or
audit by personnel of both parties, other personnel duly authorized by either party, the Office of the
State Auditor, and federal officials so authorized by law. All books, records, documents, and other
material relevant to this Agreement will be retained for six years after expiration and the Office of the
State Auditor, federal auditors, and any persons duly authorized by the parties shall have full access
and the right to examine any of these materials during this period.
Records and other documents, in any medium, furnished by one party to this agreement to the other
party, will remain the property of the furnishing party, unless otherwise agreed. The receiving party
will not disclose or make available this material to any third parties without first giving notice to the
furnishing party and giving it a reasonable opportunity to respond. Each party will utilize reasonable
security procedures and protections to assure that records and documents provided by the other party
are not erroneously disclosed to third parties.
VIII: INDEPENDENT CAPACITY
The employees or agents of each party who are engaged in the performance of this Agreement shall
continue to be employees or agents of that party and shall not be considered for any purpose to be
employees or agents of the other party.
IX: AGREEMENT ALTERATIONS AND AMENDMENTS
This agreement may be amended by mutual agreement of the parties. Such amendments shall not be
binding unless they are in writing and signed by personnel authorized to bind each of the parties.
X: TERMINATION
Either party may terminate this Agreement upon 30 days prior written notification to the other parry.
If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs
incurred in accordance with the terms of this Agreement prior to the effective date of termination.
XI: GOVERNANCE
This contract is entered into pursuant to and under the authority granted by the laws of the State of
Washington and any applicable federal laws. The provisions of this agreement shall be construed to
conform to those laws.
In the event of any inconsistency in the terms of this Agreement, or between its terms and any
applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following
order:
a.) Applicable state and federal statutes and rules;
b.) Scope of work (Attachment A); and
c.) Any other provisions of the agreement, including materials incorporated by reference.
XII: WAIVER
A failure by either party to exercise its rights under this Agreement shall not preclude that party from
subsequent exercise of such rights and shall not constitute a waiver of any other rights under this
Agreement unless stated to be such in a writing signed by an authorized representative of the party and
attached to the original Agreement.
XIII: SEVERABILITY
If any provision of this Agreement or any provision of any document incorporated by reference shall
be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be
given effect without the invalid provision, if such remainder conforms to the requirements of applicable
law and the fundamental purpose of this Agreement, and to this end the provisions of this Agreement
are declared to be severable.
XIV: ALL WRITINGS CONTAINED HEREIN
This Agreement contains all the terms and conditions agreed upon by the parties. No other
understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to
exist or to bind any of the parties hereto.
XV: CONTRACT MANAGEMENT
The contract manager for each of the parties shall be responsible for and shall be the contact person
for all communications regarding the performance of this Agreement.
The Contract Manager for MCF is:
Lisa Pelly, Executive Director
Mid -Columbia Fisheries Enhancement Group
P.O. Box 2211
White Salmon, WA 98672
The Contract Manager for the County is:
Arden Thomas, Kittitas County Water Resources Manager
Kittitas County Public Works
411 N. Ruby Street, #I
Ellensburg, WA 98926
IN WITNESS WHEREOF, the parties have executed this Agreement.
By:
Title:
Date:
By
Title:
Date:
Appendix A
Water Rights Addressed by
Tjossem Ditch Retirement Project
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Mod PAND
Transfer #1
Transfer #2
PAND (in -process)
=—+— BNSF
Wilson Greek
�.. �. well sites
0 0.25 0.5 1 Miles
This map is Intended fur Tjossern Ditch discussion
purposes and should not be relied upon for accuracy. l
�(lilm ICd
Sources Earl, HERE, Gamin, Intermap, increment P Cbrp., GE\mrr SI FAO,
NPS. NRCAN, GeoBase, IGH, Kadaster Nl. Ordnance Survey, ETI,Esn China (Hong Kong). (c) OperhStreetMap contdbutcra, and thCommuhhfy
Figure 1. The Tjossem Ditch and its approximate flow paths to separate water users are identified with
each water user identified according to their implementation step.
KITTITAS COUNTY
DEPARTMENT OF PUBLIC WORKS
PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS
STUDY SESSION STAFF REPORT
STUDY SESSION DATE: March 13, 2023
TOPIC: Naneum Road Right of Way
ACTION REQUESTED: Direction to Staff
LEAD STAFF:
Joshua. Fredrickson
RECOMMENDATION:
Direct staff to provide notification of gate encroaching in the right-of-way.
BRIEFING SUMMARY:
• Naneum Road Right -of -Way was identified in County Road project 8-74 plans.
• Filed survey V:21, P:128 recentered the right-of-way on the as -built location.
• Original right-of-way included a turn -around at the end of the road.
The turnaround at the end of Naneum Road has been gated by private owners.
BACKGROUND:
Public Works has been made aware of a substantial gate installed at the north end of
Naneum Road, at an area historically used as a snowplow turnaround. This turnaround
area also appears to provide the access to parcel no. 298334. The installed gate limits
access to the historic turnaround area. The gate is not across the mainline of Naneum
Road, rather it is located at the mouth of the cul-de-sac leading to the turnaround. County
survey research of the right-of-way found the following historical documents.
In 1974 County Road Project 8-74 plans identify the turnaround as part of the right-of-
way. In 1995 a private surveyor noted the road as constructed did not fall in the area
identified on the plans. PW at that time provided a letter to the surveyor providing
direction to establish the right-of-way around the center of the road. In 1996 the private
surveyor filed survey Volume:21, Page: 198 identifying the revised right-of-way position
and noting the discrepancy to the 1974 document. In the 1996 survey the turnaround area
is absent. There is nothing readily found in the road file related to a county approval or
review of the work by the private surveyor.
DISCUSSION:
Road vacation of public right-of-way is controlled by RCW Chapter 36.87 and the
provisions of Kittitas County Code 12.22. The road vacation procedure may be initiated
either by the Board by resolution or by owner petition. No documentation has been
identified for the road vacation of the turnaround at the north end of Naneurn Road. To
maintain use of the turnaround, access through, or removal of the gate will be required.
Pagel of 5
Public Works "Work Session Staff Report" 2023
The gate installed includes substantially sized beams on either side and across the top,
forming the entrance.
FISCAL IMPACTS:
Survey retracement and costs of notification are covered under the annual road fund
budget.
ATTACHMENTS:
EXHIBIT 1: County Road Project 8-74 plans
EXHIBIT 2: Survey Volume 21 Page 198
EXHIBIT 3: 1995 Letter Naneum Road Survey
Page 2 of 5
Public Works "Work Session Staff Report" 2023
EXHIBIT 1: County Road Project 8-74 plans
Page 3 of 5
Public Works "Work Session Staff Report" 2023
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Page 4 of 5
Public Works "Work Session Staff Report" 2023
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EXHIBIT 3: 1995 Letter Naneum Road Survey
Page 5 of 5
Public Works "Work Session Staff Report" 2023
Engineering
Greg Jellison
Project Engineer
Finance
Kahy Jurgens
Manager
Maintenance
Ken Maine
Manager
Transportation
& Trek
Safety
Page Scott
Senior Pier
Telephone:
(509)
952-7623
Fax:
( 09)
962--7653—
"' 4"4"tas Corrin Public Works
November 17, 1995
Cruse & Nelson
Chuck Cruse
P.O. Box 959
Ellensburg, WA 98926
RE: Naneum Road survey
Dear Churn:
Upon staff review, it has been determined that the physical location of Naneum Road is not
concurrent with the pians of record dated 1973 and 1974. Therefore, your firm is authorized
to establish the legal right of way of Naneum Road, using the existing centerline with 30 feet
on each side totaling a 80' fight of way. This authorization is only for that portion of the road
lying in the E 112 of the SE 1/4 of Section 20, 'Township 19 North, Range 19 East and falls
within the boundary of the property survey you are performing. Our department will review
the legal right of way and field locations with you. The department policy in similar
situations has been to create an equitable split of the existing roadway. Your firm will be
expected to follow the same policy.
Authorization to establish this right of way is for the Naneum Road project only. Other
similar situations must be reviewed on a project specific basis.
Please advise Fred Dunham of our survey crew when you have completed this for his
review.
If you have any questions, please contact this department.
Sincerely;
GREGORY P. JELLISON, P.E.
Project Engineer
2G5 `rv2St SV., _71 -ow -r_
KITTITAS COUNTY
DEPARTMENT OF PUBLIC WORKS
PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS
STUDY SESSION STAFF REPORT
STUDY SESSION DATE: March 13, 2023
TOPIC: Berry Road Right of Way
ACTION REQUESTED: Direction to Staff
LEAD STAFF:
Joshua Fredrickson
RECOMMENDATION:
Direct staff to prepare enabling documents for right of way acquisition on Berry Road
and pay the real estate excise tax for the seller.
BRIEFING SUMMARY:
• Continued truck impact to guardrail at the intersection of Berry Road and Tjossem.
Road requires regular maintenance and replacement of guardrail.
• Signs have been posted advising of the inability to turn west onto Tjossem Road
for large trucks, which continue to turn and impact the guardrail.
• Roadway alignment revision requiring acquisition of property has been
developed.
• Acquisition of property is not exempt from excise tax.
BACKGROUND:
Berry Road intersects Tjossem Road just east of Wilson Creek. Truck traffic from the
truck stop on Canyon Road occasionally utilize Berry Road. There is insufficient turning
radius for trucks to safely turn westbound onto Tjossem Road. Trucks turning are
damaging the guardrail and bridge connection resulting in required replacement of the
guardrail on a regular basis. We are able to recuperate costs through insurance when the
driver is identified, but unable to recuperate the time spent on this recurring issue. To
improve the turning movement a different alignment for Berry Road has been developed
which requires acquisition of right-of-way.
DISCUSSION:
Public Works has replaced the guardrail at the intersection of Berry Road and Tjossem
multiple times due to trucks turning and damaging the rail. Signs have been posted to
advise drivers of the inability to turn, with little success. Public Works has designed a
different alignment for Berry Road to improve the turning radius. This new alignment
requires obtaining right-of-way from the adjoining parcel no. 806336. Public Works has
been in discussion with the property owner. An agreement has been reached to perform
in-kind work for exchange of a portion of the parcel to become right-of-way for the
realignment of Berry Road. In-kind work to be completed will match the value of the
land being acquired, based on a comparison of comparable properties conducted by
Page 1 of 5
Public Works "Work Session Staff Report' 2023
County Surveyor Turnbull, and accepted by County Engineer Fredrickson. The in-kind
work is to pave the access and driveway of the parcel. This work will occur at the same
time of the construction to realign Berry Road. A statutory warranty deed has been
prepared to transfer a portion of the parcel for use as road right-of-way. Excise tax
exemption options were reviewed and found that this right-of-way acquisition does not
meet any of the listed exemption criteria. Payment of the excise tax will be necessary to
proceed with the acquisition for the Berry Road realignment.
FISCAL IMPACTS:
Costs of improvement have been included in the annual road budget.
ATTACHMENTS:
Exhibit 1: Real Estate Excise Tax Affidavit
Exhibit 2: Statutory Warranty Deed
Exhibit 3: Right -of -Way Exhibit
Page 2 of 5
Public Works "Work Session Staff Report" 2023
EXHIBIT 1: Real Estate Excise Tax Affidavit — Draft
Page 3 of 5
Public Works "Work Session Staff Report" 2023
Depattrn m of
Revenue
bYnshrRgton scats
REAL ESTATE EXCISE TAX AFFIDAVIT This form is your receipt
PLEASE TYPE OR PRINT CHAPTER 82.45 RCW — CHAPTER 458-61A WAC when stamped by cashier.
THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS ON ALL PAGES ARE FULLY COMPLETED
El(See back oflast page for instructions)
Check box if aniel sale of If multiple cnwriem, list percentage ofownership next to name.
Street address of property: 1790 Berry Road. Ellensburn. WA 98926
This property is located in Kittitas County a
❑ Check box ifany of the listed parcels are being segregated from another parcel, are part oft boundary line adjustment or parcels being merged.
Legal description of property (if more space is needed, you may attach a separate sheet to each page of the affidavit)
See attached sheet
® Select Land Use Code(s):
t - Undwal. ;led UA ('.no only]
enter any additional codes:
(See back of last page for instructions)
YES NO
Was the seller receiving a property tax exemption or deferrer) under ❑ ❑
chapters 84.36, 84.37, or 84.38 RCW (nouprofit alludzation, senior
citizen, or disabled person, homeownerwith limited inaxmer
YES NO
Is finis property designated as forest land per chapter 84.33 RCW? ❑ ❑
Is this property classified as currant use (opm space, farm and ❑ ❑
agricultural, ortimber) land per chapter 84.34?
Is this property receiving special valuation as historical property ❑ ❑
perdnapta 84.26RCW?
If arty answers are yes, complete as instructed below
(1) NOTICEOFCON (NUANCE (FDRFSrLANDORCURRENTUsp
NEW OWNER(S): To continue the current designation as forest land or
classification as current use (open space, tstm and agriculture, or timber) land,
you must sign on (3) below. The county assessor must then detemnine if the
land transferred continues to qualify and will indicate by signing below. Ifthe
land no longer qualiSes oryou do not wishto continue the designation or
classification, it will be removed and the compensating or additional taxes will
be due and payable by the seller or transferor at the time of sale. (RCW
84.33.140 or RCW 84.34.108). Prior to signing (3) below, you may comad
your local county assessor for more infomtation.
This land ❑does ❑ does not qualify for continuance.
.[ u 1 r AL=.I. QUA
(2) NOTICE OF COMPLIANCE (IHSTORIC PROPERTY)
NEW OWNER(S): To continue special valuation as historic property,
sign (3) below. If the new owner(s) does not wish to continue, all
additional tax calculated pursuant to chapter 84.26 RCW, shall be due and
payable by the seller or transferor at the time of sale.
(3) OWNER(S) SIGNATURE
PRINT NAME
List all personal property (tangible and intangible) included in selling
price.
If claiming an exemption, list WAC number and reason for exemption:
WAC No. (Section/Subsection)
Reason for exempti on
Type of Document Statutory Warranty Deed
Date of Document
Gross Selling Price $
Name Aaron and Stephanie Royer
*Personal Property (deduct) $
Name Mtas County Public Works
.Waa
Taxable Selling Price $
9.000.00
°
zm:) �
115.20
Mailing Address 1790 Berry Road
Ci lStatwZi Ellensburg, WA, 98926
ty p
22.50
Mailing Address 411 N. Ruby SL
CitylStatelZip Ellensburg, WA 98926
Phone No. (including area code) (509) 899-4197
Local $
Phone No. (including area code) 509 962-7523
Sendai property tax correspondence to: ❑� Same as Buyer/Granteenumbers
Name
List all real and personal property tax parcel account
— check bar if personal property
806336 ❑
List assessed value(s)
$9,m
Mailing Address
Citymate by
Phone No. (including area code)
❑
❑
❑
Street address of property: 1790 Berry Road. Ellensburn. WA 98926
This property is located in Kittitas County a
❑ Check box ifany of the listed parcels are being segregated from another parcel, are part oft boundary line adjustment or parcels being merged.
Legal description of property (if more space is needed, you may attach a separate sheet to each page of the affidavit)
See attached sheet
® Select Land Use Code(s):
t - Undwal. ;led UA ('.no only]
enter any additional codes:
(See back of last page for instructions)
YES NO
Was the seller receiving a property tax exemption or deferrer) under ❑ ❑
chapters 84.36, 84.37, or 84.38 RCW (nouprofit alludzation, senior
citizen, or disabled person, homeownerwith limited inaxmer
YES NO
Is finis property designated as forest land per chapter 84.33 RCW? ❑ ❑
Is this property classified as currant use (opm space, farm and ❑ ❑
agricultural, ortimber) land per chapter 84.34?
Is this property receiving special valuation as historical property ❑ ❑
perdnapta 84.26RCW?
If arty answers are yes, complete as instructed below
(1) NOTICEOFCON (NUANCE (FDRFSrLANDORCURRENTUsp
NEW OWNER(S): To continue the current designation as forest land or
classification as current use (open space, tstm and agriculture, or timber) land,
you must sign on (3) below. The county assessor must then detemnine if the
land transferred continues to qualify and will indicate by signing below. Ifthe
land no longer qualiSes oryou do not wishto continue the designation or
classification, it will be removed and the compensating or additional taxes will
be due and payable by the seller or transferor at the time of sale. (RCW
84.33.140 or RCW 84.34.108). Prior to signing (3) below, you may comad
your local county assessor for more infomtation.
This land ❑does ❑ does not qualify for continuance.
.[ u 1 r AL=.I. QUA
(2) NOTICE OF COMPLIANCE (IHSTORIC PROPERTY)
NEW OWNER(S): To continue special valuation as historic property,
sign (3) below. If the new owner(s) does not wish to continue, all
additional tax calculated pursuant to chapter 84.26 RCW, shall be due and
payable by the seller or transferor at the time of sale.
(3) OWNER(S) SIGNATURE
PRINT NAME
List all personal property (tangible and intangible) included in selling
price.
If claiming an exemption, list WAC number and reason for exemption:
WAC No. (Section/Subsection)
Reason for exempti on
Type of Document Statutory Warranty Deed
Date of Document
Gross Selling Price $
9,000.00
*Personal Property (deduct) $
Exemption Claimed (deduct) $
Taxable Selling Price $
9.000.00
Excise Tax: State $
115.20
0.0025 Local $
22.50
*Delinquent Interest: State $
Local $
*Delinquent Penalty $
Subtotal S
137.70
*State Technology Fee S
5.00
*Affidavit Processing Fee $
Total Due $
142.70
A MINIMUM OF $10.00 IS DUE IN FEE(S) AND/OR TAX
*SEE INSTRUCTIONS
I CERTIFY UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT.
Signature of
Grantor or Grantor's Agent
Name (print)
Date & city of signing:
Signature of
Grantee or Grantee's Agent
Name (print)
Date & city of signing:
Perjury: Perjury is a class C felony which is punishable by imprisonment in the state correctional institution for a maximum term of not more than five years, or by
a fine in an amount fixed by the court of not more than five thousand dollars ($5,000.00), or by both imprisonment and fine {RCW 9A.20.020 (1Q.
REV 84 0001a (119/14) THIS SPACE - TREASURER'S USE ONLY DEPT. OF REVENUE
INSTRUCTIONS
Note: To report a transfer of a controlling interest in real property, please use the Real Estate Excise Tax Affidavit Controlling Interest Transfer Return,
Re Venue Fc M No. 84-00 0 1 13. This form is available online at tally. ::dor.wag.:v.
Section 1:
Enter the name(s) of seller/grantor. This is the person(s) conveying interest in the property.
Section 2:
Enter the name(s) of buyer/grantee. This is the person(s) receiving interest in the property.
Section 3:
• Enter the name and address where you would like all future property tax information sent.
• Enter the tax parcel number and current assessed value for real and personal property being conveyed. Check the box to indicate personal
property.
Section 4:
• Enter the street address of the property.
• Enter the county if in unincorporated area. Enter city name if located within a municipality.
• Enter the legal description of the property.
Section 5:
• Enter the appropriate land use code for the property. Please list all codes that apply on the lines provided in section 5,
See WAC :58.53-030 (5) for a complete list.
09 - Land with mobile home • 23 - Apparel and other finished • 33 -Primary metal industries 71 - Cultural activitiednature exhibitions
10 - Land with new building products made from fabrics, 34 - Fabricated metal products • 74 - Recreational activities (golf
• 11 -Household, single family unitsleather, and similar materials , 35 -professional scientific and controlling courses, ere.)
• 12 -Multiple family residence (2A Units) 24' Lumber and wood products instruments; photographic and optical 75 - Resorls and group camps
gook � watches/clocks manufacturing 8 s. 8 80 -Water or mineral right
" 13 -Multiple family residence (5 + Units) (except furniture) �
25 - Furniture and fixtures 39 - Miscellaneous manufacturing 81 - culture not in current use
" 14-Mobieho home
condominiums 26- Paper and allied products 50 -Condominiums -other than residential � ( )
• 15 -Mobile home pants or courts - 63 -Agriculture current use Rf -.4' 84 3ti
16-Hotels/motels 27 - Printing and publishing • 53 - Retail Trade - general merchandise X6 - Standing Timber (separate from
• 28 - Chemicals 54 - Retail Trade - food land)
• 17 - Institutional Lodging (convalescent
homes, nursing homes, etc.) 29 - Petroleum refining and related . 58 - Retail trade - eating & drinking • 88 - Forest land designated RCS.' 4.33
18 -All other residential not coded industries (restaurants, bars) 91 - Undeveloped Land (land only)
19 -Vacation and cabin 30 - Rubber and miscellaneous 59 _ Tenant occupied, commercial properties 94.Open space land RCW V. Y
plastic products , 64 - Repair services 95 - Timbedand classified RC''a: 5-,. 34
- 21 - Food and kindred products 3l - Leather and leather products
• 22 - Textile mill products32 -Stone, clay end grass products 65 - Professional
services (medical, dental, etc.) 96 - Improvements on leased land
'
Section 6:
Indicate whether the property is designated as forest land per chapter 84,3 3 RCW, classified as current use (open space, farm, agricultural, or
timber) per chapter F 4.34 '.CW, or receiving special valuation as historic property per chapter 84.26 RCW.
Section 7:
• List personal property included in the selling price of the real property. For example, include tangible (furniture, equipment, etc) and
intangible (goodwill, agreement not to compete, etc).
• Use Tax is due on personal properly purchased without payment of the sales tax. Use Tax may be reported on your Combined Excise Tax
Return or a Consumer Use Tax Return, both available at http://dor.wa.gov.
• Ifyou are claiming a tax exemption, cite the specific Washington Administrative Code (WAC) number, section and subsection and
provide a brief explanation. Most tax exemptions require specific documentation. Refer to the appropriate WAC to determine
documentation requirements. Chapter1'.58-61 A WAC' is available online at lmttp:``dor.vva. ov.
• Enter the type of document (quit claim deed, statutory warranty deed, etc.), and date of document (MM/DD/YYYY)
Enter the selling price of the property.
• Selling price: For tax purposes, the selling price is the true and fair value of the property conveyed. When properly is conveyed in an arm's
length transaction between unrelated persons for valuable consideration, there is a presumption that the selling price is equal to the total
consideration paid or contracted to be paid, including any indebtedness. Refer to RCW 82.4.5.030 for more information about selling price.
Deduct the amount of personal property included in the selling price.
Deduct the amount of tax exemption claimed per chapter 45 8-6 1 A WAC.
• Due Date, Interest and Penalties: Tax is due at the time of sale/transfer. If tax is not paid within one month of the date of saleltransfer,
interest and penalties will apply. The interest rate is variable and determined per RC:V.% 82.='_.050. Delinquent penalties are 5% one month
after the due date, 10% two months after the due date, and 20% three months after the due date. (RCW ;7..45..100)
State Technology Fee: A $5.00 Electronic Technology Fee that is due on all transactions. (52.45.1 _0)
Affidavit Processing Fee: A minimum of $5.00 shall he collected in the form of tax and processing fee. A processing fee is due on all
transactions where no tax is due and on all taxable transactions where the tax due is less than $5.00. (RC W 82.45.180)
Section S:
Both grantor (seller) and grantee (buyer), or the agent of each, must sign this form, certifying that all the information provided is correct. Note:
Original signatures required on the "County Treasurer" copy. Signatures may be required on the "Assessors" copy. Check with your county.
Where to send completed forms:
Completed forms should be submitted to the County Treasurer's or Recorder's Office where the property is located.
Audit:
Information you provide on this form is subject to audit by the Department of Revenue. Underpayments of tax will result in the issuance of a tax
assessment with interest and penalties. Note: in the event of an audit, it is the taxpayers' responsibility to provide documentation to support the
selling price or any exemption claimed. This documentation must be maintained for a minimum of four years from date or sale. (RCW
82.45.100)
Ruling requests:
You may request a predetermination of your tax liability. The written opinion will be binding on both you and the Department based on the facts
presented (WAC 458.20-100(9)). Send your ruling request to:
Department of Revenue
Taxpayer information & Education
P.O. Box 47478
Olympia, WA 98504-7478
FAX (360) 705-6655
For tax assistance, contact your local County Treeaurer/Recorder or visit http://dor.wa.gov or call (360) 570-3265. To request this dceu:nent in an altemate foment, please call
1-800-647-7706. Teletype (TTY) users may use the Washington Relay Service by calling 711.
REV 84 0001a Inst (119114)
EXHIBIT 2: Statutory Warranty Deed
Page 4 of 5
Public Works "Work Session Staff Report' 2023
After Recording, Return To:
Name: Kittitas County Public Works
411 North Ruby Street, Suite 1
Ellensburg, WA 98926
STATUTORY WARRANTY DEED
The grantor, Aaron L. and Stephanie M. Royer, husband and wife ("Grantor"), for and
in consideration of good and valuable consideration, the sufficiency of which is hereby
acknowledged, in hand, conveys and warrants to KITTITAS COUNTY, a Washington Municipal
Corporation ("Grantee"), all legal interest in the following described real estate situated in Kittitas
County, State of Washington, commonly known as NNA Berry Road, Ellensburg, Washington
98926 and more specifically described as:
Parent Parcel
APN: 806336
(per Subdivision Guarantee issues by Amerititle, Policy No. 72156-48153925)
The Westerly 604.11 feet, when measured at right angles thereof, of the Following described
property:
That Portion of the Northwest Quarter of the Southeast Quarter of Section 13, Township 17
North, Range 18 East, W.M., Kittitas County, State of Washington, which is described as
follows:
Beginning at a point on the East boundary line of said Quarter of Quarter Section which is 30
feet North of the center of the Southeast Quarter of said Section and on the North boundary line
of the Right of Way of Tjossem County road; and running;
thence North 88°33' West along said North boundary line of said right of way 1256.8 feet;
thence North 1 '16' East along the East boundary line of the right of way of Berry County
road454.0 feet;
thence Sough 88°35' East 1240.78 feet to the East boundary line of said Quarter of Quarter
Section;
and thence South 0°45' East along said East boundary line of said Quarter of Quarter Section,
455.0 feet to the point of beginning.
Transfer Parcel
That portion of the above parcel described as follows:
Beginning Southeast corner of Section 13, Township 17 North, Range 18 East, W.M., Kittitas
County, State of Washington;
thence N87°46'23 "E, a distance of 2597.27 to the South Quarter corner of said Section;
thence N00°16'09"W, a distance of 1311.62 feet to the Northwest corner of Southwest Quarter
of Southeast Quarter of said section, and True Point of Beginning;
thence N88°39'39"E, a distance of 123.64 feet;
thence along the arc of a non -tangent curve to the left, having a central angle of 20°51'27", a
radius of 470 feet, and a chord bearing and distance of N09°08'13"W, 170.15 feet;
thence NI 8'22'49"W, a distance of 30.48 feet;
thence along the arc of a curve to the right, having a central angle of 21'41'12", a radius of 415
feet, and a chord bearing and distance ofN07°32'13"W, 156.14 feet;
thence NO3'1 8'23 "E, a distance of 99.65 feet;
thence along the arc of a curve to the right, having a central angle of 04°37'24", a radius of 620
feet, and a chord bearing and distance of N05°37'03"E, 50.02 feet to the North line of the above
described parcel;
thence along said North line, N87°57'55"W, a distance of 79.50 feet to the West line of
Southeast Quarter of said Section;
thence along said West line S00°16'09"E, a distance of 500.91 feet to True Point of Beginning
Containing 14328 sq. ft. more or less.
DATED this _ day of , 2023.
GRANTORS:
Aaron L. Royer
Stephanie M. Royer
Attest:
LE
STATE OF WASHINGTON)
)ss.
COUNTY OF KITTITAS )
On this day of , 2023 before me personally
appeared Aaron L. Royer, and Stephanie M. Royer, husband and wife, who executed the within
and foregoing instrument and acknowledged said instrument to be their free and voluntary act
and deed, for the uses and purposes therein mentioned, and on oath stated that they were
authorized to execute said instrument.
DATE:
(Signature)
Print Name:
Notary Public in and for the State of Washington
Residing at
My Commission Expires
EXHIBIT 3: Right -of -Way Exhibit
Page 5 of 5
Public Works "Work Session Staff Report" 2023
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DEED LINE PER
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_ _ _ROAD PLANS AND SURVEY 36-91
_ N8T44'29"W � 153.71 i
-��� 588'39'39"E 1 N LINE SWI/ 4 SEIZ4 SEC 13 0
T.P.0.6. 123. — �z po —
KITTITAS COUNTY PUBLIC WORKS NAM'BERRY RD R?W EXHIBIT
411 N. RUBY ST., ELLENSBURG WA 98926 PROPOSED R/ AQUISITION
(509) 962-7523 www.co.kifflfas.wa.us
r
KITTITAS COUNTY
PT SE1 /4 SEC. 13 T18N., R17E., W.M
{)PAWING TYPE
PARCEL NO. 806336
MAP I.D. 17-18-13040-0020
DRAWN 8Y: J. TURNBULL
ING
SCALE: 1 "=Fn'
SHEET
1
OF
1
SHEETS
PROJECT
DATE: 10/18Z2022 18025
CHECKED: J, TURNBULL